Panasonic PRO Awards Campaign Terms & Conditions

These Terms & Conditions ("Terms & Conditions") of the Panasonic PRO Awards Campaign (“PRO Awards Campaign”) define the provisions under which participants, who are authorized, eligible and validly registered at the Panasonic PRO Club Webpage, being companies in the area of architecture, consultancy, distribution, engineering and installation active in the field of heating and cooling business having been involved in a project featuring Panasonic Heating & Cooling Solutions (hereinafter referred to as "Entrants"), participate in the PRO Awards Campaign.

1. Registration

   Participants are required to be registered at the Panasonic PRO Club Webpage. By participating in the PRO Awards Campaign, Entrants accept these Terms & Conditions. If Entrants do not accept these Terms & Conditions, fail to register properly, or fail to meet the conditions of the Entry in clause 3.3 below, they will not be entitled to participate in this PRO Awards Campaign.

2. Promoter

   The Promoter of the PRO Awards Campaign is Panasonic Marketing Europe GmbH, Hagenauer Strasse 43 65203 Wiesbaden, Germany, the “Promoter”.

3. Participation Conditions and Eligibility

   1. The participation in PRO Awards Campaign is free of charge.
   2. The participation in the PRO Awards Campaign is not open to Panasonic Group employees or their family members.
   3. In order to participate in the Pro Awards Campaign, Entrants working on a high-quality project featuring Panasonic Heating & Cooling Solutions product HVAC+R require to fulfill all of the following conditions to be eligible as an “Entry” as follows:

      1) Fill out an entry form, which needs to be submitted on the registration page here:

      https://www.panasonicproclub.com/_____/pro-awards-2021/submit-projects/new/

      2) Upload at least three high-resolution photographs of the respective Panasonic Heating & Cooling Solutions project in jpg format under a minimum resolution of 300dpi.

      3) Provide a list of Panasonic Heating & Cooling Solution equipment used in the project.

      4) Provide the project information (including naming all involved companies) and team details (information about i. a. specifier, designer, contractor, architect, client).

   4. The Entrant must fully comply with the conditions of the Entry as provided under these Terms & Conditions and any dedicated PRO Awards Campaign webpage to be eligible for the PRO Awards Campaign.
   5. Only one Entry per project can be made by only one company involved in such project.
   6. The PRO Awards Campaign is only open to projects that have been completed primarily using Panasonic Heating & Cooling Solutions in a residential, retail, hospitality and commercial environments.
   7. One Entry can only apply in one of the following “Application Categories”: Residential, Hospitality, Retail and Commercial. The description of each Application Category is provided here https://www.panasonicproclub.com/_____/pro-awards-2021/categories/.
   8. All Entries regardless of their Application Category will be additionally allocated by the panel of the judges to enter for Best Innovative Project, Best Sustainable Project, Best Connectivity Project, Best Refrigeration Project, Best Panasonic Solution, Best nanoeX Project.
   9. Entrants may submit as many different projects as they like. Each project must be submitted via separate Entry.
   10. The PRO Awards Campaign is only open to Entrants with a registered seat in the following countries: Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece Hungary, Ireland, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom.
   11. Any Entry must include a project completed within a period from November 1st 2018 to November 15th 2021, the “Project Period”. Projects performed and completed before or after the Project Period will be deemed invalid.
   12. The Promoter reserves the right to verify the submitted Entries. Entries made by fax, telephone, email or mail will not be accepted. Also, illegible, incomplete, defaced, altered or corrupt Entries or such Entries which violate these Terms & Conditions will not be accepted. No responsibility can be accepted for Entries lost, delayed or corrupted, or not provided due to computer error in transit, without any fault of the Promoter.
   13. The Promoter reserves the right to suspend or exclude Entrants from the PRO Awards Campaign and withhold the Awards for good cause, if

       a) the Entry submitted or the Entrant violates applicable law or these Terms & Conditions or Panasonic’s Code of Conduct;

       b) the Entrant provides false or misleading information in connection with participation in the PRO Awards Campaign;

       c) the registration of the Entrant to the Panasonic PRO Club Webpage was terminated during the Campaign Period.

   14. The Promoter will not be held responsible or liable for any technical, hardware, software, server, website or other failures or damage of any kind, to the extent that this prevents the Entrant from or otherwise obstructs the Entrant to participate in the PRO Awards Campaign.

4. Duration

   Entries have to be submitted in the period from August 1st 2021 to November 15th 2021, the “Campaign Period”, November 15th 2021 being the “Entry Deadline”. Entries submitted before or after the Campaign Period will be deemed invalid.

5. Awards

   1. The Promoter is entitled to make a preselection from all Entries checking whether the Entries are correct and complete and comply with these Terms & Conditions and validate such Entries, “Validated Entries”.
   2. All Validated Entries will be rewarded with headphones EAH-AZ70WE, the “Exclusive Present”. A notification of the Exclusive Present will be sent to Entrant via email. The Exclusive Present will be sent by mail to the Entrant to the address of the Entrant provided when submitting the Entry at latest in January 2022. Whilst every effort will be made to supply the Exclusive Presents, in the event of unforeseen circumstances such as any force majeure event or any unavailability or that they are out of stock, the Promoter reserves the right to offer an alternative product of equal or greater value and inform the Entrant respectively.
   3. All Validated Entries are eligible to be selected by the judges to win a trip to Japan, the “Travel Award”, in the Application Categories and Additional Categories mentioned in Clause 3.8. If an Entrant wins in more than one Application Category, the Promoter keeps the right to limit the number of Nominees, as defined below in Clause 5.6, to two persons only. One Validated Entry can win several of the Application Categories and Additional Categories. In total ten Travel Awards may be awarded.
   4. All Validated Entries will be scrutinized by the judging panel. In all instances the judging panel will be looking for high quality, outstanding design, installation excellence and remarkable innovation which demonstrate Heating & Cooling Systems installation. The decision of the judges is final, and no correspondence will be entered into.
   5. The winning Entrant of Travel Award, the “Winners”, will be announced in December 2021 on www.PanasonicPROClub.com.
   6. Eligible to join the Travel Award shall be two individuals, who have been involved and have contributed to the winning project, “Nominees”. The Winner shall select and name the Nominees to the Promoter as well as provide their email addresses to the Promoter. The Promoter reserves the right to verify whether the individuals named by the Winner have been involved and contributed to the winning project. The Promoter also reserves the right to reject any individual who does not meet the requirements of a Nominee as stated in this clause 5.6 s. 1 and to ask the Winner for another nomination. The Nominees will be notified about the Travel Award personally by email and must acknowledge the receipt of it by sending back his/her mail address to receive it.
   7. The Promoter reserves the right to name the Nominees with their full names on its webpages, publications, social media, as well as for any publicity purposes both in paper and online.
   8. The Exclusive Presents and the Travel Awards, together “Awards”, are non- transferrable, non-refundable and no cash or other alternatives will be offered.
   9. The contact details of the Entrants will be used for verification sending the Exclusive Presents where required, confirmation that the Entrants have received the Exclusive Presents.
   10. If the Exclusive Present is undeliverable because an invalid or incorrect address has been provided by the Entrant, the Promoter shall not be obliged to make further investigation.
   11. The risk of deterioration and accidental loss of the Exclusive Presents shall pass to the Entrant upon dispatch.
   12. In the event of unforeseen circumstances such as any force majeure event or any unavailability of the respective original prize, which Panasonic is not responsible for, Panasonic reserves the right to offer an alternative prize of equal or greater value and inform the winner respectively.

6. Rights and Granting of Rights

   1. By submitting the Entry, each Entrant declares that the Entrant has obtained all required permissions of persons/companies involved in the project and/or owns the respective rights to be able to provide the respective content of the Entry to the Promoter to use, reproduce, edit the content of the Entry for all purposes, including commercial purposes, e.g. advertisement and creation of a case study, reporting about the PRO Awards Campaign, the publication of the content of the Entry and the information of the Entrant provided to the Promoter (e.g. websites, social media, PR and newsletter, print media) by the Promoter in connection with the PRO Awards Campaign.
   2. The Entrant also consents to the free of charge, transferable, non-exclusive, unrestricted in time, place and content use, reproduction and editing of the content of the Entries for all purposes including commercial purposes, e.g. advertisement and creation of a case study, reporting about the PRO Awards Campaign, the publication of the content of the Entry and the information of the Entrant provided to the Promoter (e.g. websites, social media, PR and newsletter, print media) by the Promoter in connection with the PRO Awards Campaign.
   3. In addition, the Promoter, its affiliated companies and his data processors and cooperation partners who the Promoter may engage for the performance of the PRO Awards Campaign and the provision of the Awards, are granted an irrevocable, free of charge, transferable, non-exclusive copyright and a right, unrestricted in time, place and content to use, reproduce, edit and process the content of the Entries and information of the Entrant (in particular for electronic image processing in online presentations, reproduction by image carrier, etc.) worldwide for all purposes in connection with the PRO Awards Campaign, in particular also for the use for commercial purposes, e.g. advertisement and creating a case study, use in any online and print media, social media, the right to adapt, reproduce, publish and make available to the public, including but not limited to printed publications, presentations, promotional materials, press releases, newsletters and on the websites of the Promoter and its affiliated companies, in the original format or in an adaptation deemed appropriate by the Promoter. The Promoter, its affiliated companies and data processors are under no obligation to publish any content of Entries provided by the Entrant.
   4. Each Entrant assures that the use of the content of the Entry as described in this clause 6 by the Promoter does not infringe any rights of third parties. This includes, in particular, third-party copyrights or personal rights of photographed persons. The Entrant shall indemnify and hold harmless the Promoter against any and all liabilities and claims of third parties, including expenses, costs of legal action as well as legal fees, arising from and in connection with the infringement of such third-party rights.

7. Taxes

   1. The awarding of the Awards may be treated as taxable income (either direct taxation or otherwise) and may be considered direct compensation for the purposes of taxation, national insurance or social security contributions (or equivalent taxes or social charges applicable under local law).
   2. Entrants and/or the Nominees are solely responsible for any federal, state, provincial taxes, social security, national insurance contributions, social charge or other taxes (whether direct, indirect or otherwise) that may be incurred as a result of receiving the Awards under the PRO Awards Campaign.

8. Data Protection

   1. The Promoter is the responsible data controller and collects personal data in accordance with the statutory provisions of applicable law on data protection. The privacy policy of the Promoter applies, which can be found at: [...]
   2. The purpose of data collection and processing the data will be collected, processed and stored for the sole purpose performance of the PRO Awards Campaign or as far as the Entrant has consented to it. If the Entrant consented into the reception of product information and special offers from the Promoter, the types of data listed above will also be collected, processed and stored for such purpose.
   3. The types of data collected: Salutation, first name and last name, postal address, country of residence and e-mail address, personal photograph of the Nominees.
   4. The data processing is based on Article 6 (1) (b) and (f) and Article 17 (3) (e) GDPR, namely on the voluntary participation of the Entrant and the Nominee, these Terms & Conditions and the legitimate interests of the Promoter.
   5. All personal data of the Entrant and the Nominee will neither be passed on to third parties nor made available to them for use without their consent. An exception is made for third parties, which have been commissioned to carry out the Promotion, as well as our cooperation partners, who have been commissioned to provide the Travel Awards, and which will collect, store and use the data for the purpose of carrying out the PRO Award Campaign and provision of the Travel Awards. The third parties comply with GDPR and have the necessary security measures in place as agreed with the Promoter.
   6. After completion of the PRO Awards Campaign the personal data of the Entrants and Nominees will be deleted, unless there is a legal obligation for the Promoter to store the data up to the end of a retention period according to applicable statutory law. In this case the data will be blocked and deleted after the retention period.
   7. Entrants have the right of access, correction, rectification, deletion and blocking of their data and the personal data of Nominees as well as at any time to free information about the Participant´s stored personal data, its origin and recipient and the purpose of the data processing within the framework of the applicable legal provisions.
   8. For this purpose, they can contact Panasonic Marketing Europe GmbH, The Data Protection Officer, Hagenauer Strasse 43, 65205 Wiesbaden, Datenschutz@eu.panasonic.com.
   9. The Entrant can declare revocation of the participation in the PRO Awards Campaign to the Promoter at any time and object to the use of the respective personal data of the Entrant and the Nominee for the PRO Awards Campaign. This revocation shall be addressed to the Promoter or Panasonic branch of the country the Entrant has its registered seat.
   10. Participation in the PRO Awards Campaign is not possible should the data be deleted, or the participation revoked.

9. Warranty and Liability

   1. The Promoter accepts no liability whatsoever for any damage, loss, injury suffered by any Entrant and Nominees entering the PRO Awards Campaign or as a result of accepting any Awards. Nothing shall, however, exclude Promoter’s liability for death or personal injury as a result of intent or gross negligence or under mandatory statutory provisions of applicable law.
   2. The PRO Awards Campaign is organized by the Promoter in collaboration with various cooperation partners. Upon confirmation of the trip, the Nominee is subject to the travel conditions of the cooperation partner.
   3. The Promoter does not assume any liability in respect of the services provided by the cooperation partners. In particular, the Promoter shall not be liable for material defects and defects of title of the services provided by the cooperation partners in connection with the PRO Awards Campaign and especially provision of the Travel Award. Claims for possible material defects and/or defects of title of the services provided by the cooperation partners in connection with the PRO Awards Campaign and the provision of the Travel Award are to be asserted exclusively against them. The Promoter is not liable for the insolvency of a cooperation partner and the consequences resulting from this for the performance of the trip. The Promoter is furthermore not liable for the consequences of a justified change in the travel offer or the justified cancellation of the trip by the cooperation partner. The possibility of payment of the value of the Travel Award is excluded.
   4. The Promoter exclusively determines the travel date. There is no claim for the Nominee and Entrant to a specific travel date. In case of events described in this clause 9.7 below the Promoter may postpone an already determined travel date and will inform the Nominee immediately about the postponement and if possible, depending on the circumstances stated in clause 9.7 provide a new travel date without any compensation to the Nominee.
   5. Travel to and from the starting point of the trip (airport, train station, etc.), visa costs, costs for vaccinations or insurance, transportation costs on-site in Japan, personal expenses, meals, drinks or tips as well as any other additional costs that may be associated with the Awards will be at the Nominee's expense, unless expressly otherwise agreed in writing. The same applies to all private costs incurred during the trip (e.g. minibar, telephone, etc.). It is the own responsibility of the Nominee to have all valid travel documents necessary (e.g. passport and the respective visa) to assure an entry to and exit from Japan.
   6. If the Winner and/or the Nominee withdraws before the start of the trip or does not attend the trip without any fault of the Promoter, the Promoter shall not be obliged to provide another Travel Award or provide a refund of the trip and the Travel Award will be forfeit.
   7. Furthermore, Panasonic shall not be held liable for failure or delay in the performance of any obligation under these Terms & Conditions caused by any unforeseen circumstances outside its reasonable control, such serious events being in particular , force majeure, epidemics, riots, fire, flood, war or terrorist conflicts, industrial dispute, government action, or regulations, or failure or delay on the part of Panasonic suppliers or sub-contractors, which Panasonic is not responsible for (e.g. Courier).

10. General Provisions

    1. The Promoter reserves the right to terminate, suspend, amend, modify, revoke or cancel the PRO Awards Campaign as well as these Terms & Conditions, in whole or in part, for any reason at any time without prior notice.
    2. Any potentially fraudulent activity will be followed up by the Promoter. The Promoter reserves the right to withhold the issuance of Exclusive Presents and the Travel Awards (or take steps to require return if already provided) where it is suspected that a false or fraudulent Entry has been made.
    3. Legal recourse is excluded with regard to the decision of the judges about the Winners and the possible assessment of the submitted Entries. Any such dispute shall be resolved by the Promoter at its sole discretion and its decision shall be final.
    4. These Terms & Conditions are governed by the laws of the Republic of Germany, to the exclusion of international conflict law, in particular the UN Convention on Contracts for the International Sale of Goods. The courts of Wiesbaden, Germany shall have exclusive jurisdiction to settle any dispute or claims arising out of this Promotion or in connection to it.
    5. Should any clause of these Terms & Conditions be invalid the validity of the remaining terms and conditions shall remain unaffected. The wholly or partly ineffective provision shall be replaced by a valid provision that best meets the economic purpose of the invalid provision.